The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-29
1925
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UNEXPECTED TESTIMONY.
Mrs. Lyons's Case Greatly Improved by the
Evidence of the st. Louis Priest.

When the trial of Mrs. Ellen Lyons against
Thomas ODonnell, administrator Of the estate
of John Lyons. was resumed yesterday morning,
the courtroom was crowded with members of
the bar and the friends of the contesting parties
The first witness, Michael Leonard. contractor
of Cincinnati. had just been called, when Mrs.
Lyons and her daughter entered. followed by
Francis Paul Gallagher, the priest who per-
formed the marriage ceremony in St Louis. His
sudden appearance on the scene was a surprise
to the defense. Their only hone had been to
compel the plaintiffs to leave missing one link in
the chain of events connected with the marriage.
An advantage had been gained in preventing the
introduction of the marriage certificate, and in
the refusal to admit other evidence relative to
the ceremony. The attorneys for the plaintiff
appreciated fully the danger to their side of the
case, but there was safety, they thought, in o
witness who had not as yet been summoned
Friday evening Colonel Hunt took the first
train for ST. Louis to find Father Gallagher
He succeeded. and, after laying the case before
him, the old priest consented to come in person
and tell the story of the marriage. With the
lawyer he arrived here late Sunday night, and
the defendant had no knowledge OF his presence
in the city until he followed the plaintiff into
the courtroom. When Attorney Span had the
fact of the priests presence told him he showed
some embarrassment Father Gallagher took
his seat at the side of Mrs. Lyons while Mr..
Leonard gave his testimony. which was that he
had worked with Lyons at the timers trade in
Cincinnati in 1873 as an apprentice. He 1oked
with him about his family, and one day told
Lyons he would like to marry his daughter At
this Lyons became indignant and said it was
none of Leonards business if he was married,
as he intended to take care of his wife and
daughter The witness when a child lived IN
:-lL 4e h. n,,so avSA
knew that Lyons was attentive to Miss Ellen
Quinn.
David G. Callahan, a government storekeeper
at Cincinnati said he became acquainted with
Lyons in 1868. In 1868 or 1869 Lyons left the
city for time. going probably to Kansas OF
Texas, and the witness did not remember seeing
him again in Cincinnati until 1872. Lyons and
he frequently went together lover the Rhine.
| On several occasions he saw Lyons in the com
| pany of Ellen Quinn, the plaintiff, and once
| asked him if he was married having heard re-
! marks to that effect There were two Ellen
| Quinns in Cincinnati. and he did not know te
| which one the run.ors of marriage with Lyons
| referred
Francis Paul Gallagher, the priest, gave ar
| account of the circumstances surrounding thu
| marriage, which agreed with that set forth il
several dispositions. The marriage. he said
took place March s, 1866 He was a
Cathedral He then produced the church rec
| ords. showing statement of the marriage il
his own handwriting. Attorney Span objected
to this. on the ground that Father Gallagher ii
not the custodian of the volume. TIL.
priest stated that the Archbishop had made hin
the custodian and Judge Howe admitted tn,
record as evidence. He also allowed the certifi
| cate bearing the name and seal of the recorde
| of ST. Louis to be submitted in evidence
| In the afternoon five or six persons for the de
| Tense, who had known Lyons, testified that they
had never heard HIM say that he was married
Eor had he told them. nor anyone else. as far a
| they knew, that he was not husband Mrs
Brandon stated that Lyons once paid attention
to her. He told her that he had been marriet
| to German girl in Cincinnati and had
daughter by the name of Rosa. This evidenc
was ruled out. and the defense stated that n
further testimony would be offered on that side
Attorney Span asked for postponemsnt of tn
argument until to-day as he was physically UT
able to speak. The Court consented. and a
forenoon will be occupied in hearing the lawyer.